HomeMy WebLinkAboutresolution.council.003-07
RESOLUTION #3
(Series of 2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND LORIS AND ASSOCIATES SETTING FORTH
THE TERMS AND CONDITIONS REGARDING CONSTRUCTION
DOCUMENTS CONTRACT FOR BURLINGAME AND DEER HILL TRAILS
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Loris and Associates, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Loris and Associates regarding
construction documents contract for Burlingame and Deer Hill Trails, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dat,d ~ d'3 "41?1-
./
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held January 22, 2007.
~~~
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on January 11th, 2007, between the CITY OF
ASPEN, Colorado, ("City") and Loris and Associates, Inc., ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree
as follows:
Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" and "Exhibit "B" attached hereto and
by this reference incorporated herein.
Completion. Professional shall commence work immediately upon receipt
of a written Notice to Proceed from the City and complete all phases of the Scope of Work
as expeditiously as is consistent with professional skill and care and the orderly progress of
the Work in a timely manner. The parties anticipate that all work pursuant to this agreement
shall be completed no later than October 1",2007. Upon request of the City, Professional
shall submit, for the City's approval, a schedule for the performance of Professional's
services which shall be adjusted as required as the project proceeds, and which shall include
allowances for periods of time required by the City's project engineer for review and
approval of submissions and for approvals of authorities having jurisdiction over the project.
This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "A" and
Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the
payments made to Professional shall not initially exceed $116,480.00 . Professional shall
submit, in timely fashion, invoices for work performed. The City shall review such invoices
and, if they are considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
Non-Assignability. Both parties recognize that this contract is one for
personal services and cannot be transferred, assigned, or sublet by either party without prior
written consent of the other. Sub-Contracting, if authorized, shall not relieve the
Professional of any of the responsibilities or obligations under this agreement. Professional
shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of
any subcontractors officers, agents and employees, each of whom shall, for this purpose be
deemed to be an agent or employee of the Professional to the extent of the subcontract. The
City shall not be obligated to payor be liable for payment of any sums due which may be
due to any sub-contractor.
Termination. The Professional or the City may terminate this Agreement,
without specifying the reason therefore, by giving notice, in writing, addressed to the other
party, specifying the effective date of the termination. No fees shall be earned after the
effective date of the termination. Upon any termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, reports or other
material prepared by the Professional pursuant to this Agreement shall become the property
of the City. Notwithstanding the above, Professional shall not be relieved of any liability to
the City for damages sustained by the City by virtue of any breach of this Agreement by the
Professional, and the City may withhold any payments to the Professional for the purposes
of set-off until such time as the exact amount of damages due the City from the Professional
may be determined.
Covenant Against Contingent Fees. The Professional warrants that s/he has
not employed or retained any company or person, other than a bona fide employee working
for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award
or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood
by the parties that nothing contained in this agreement shall result in, or be construed as
establishing an employment relationship. Professional shall be, and shall perform as, an
independent Contractor who agrees to use his or her best efforts to provide the said services
on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be
deemed to be, the employee, agent or servant of the City. City is interested only in the
results obtained under this contract. The manner and means of conducting the work are
under the sole control of Professional. None of the benefits provided by City to its
employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts
of Professional's agents, employees, servants and subcontractors during the performance of
this contract. Professional shall indemnify City against all liability and loss in connection
with, and shall assume full responsibility for payment of all federal, state and local taxes or
contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Professional and/or Professional's employees engaged in the
performance of the services agreed to herein.
Indemnification. Professional agrees to indemnify and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all liability,
claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this contract, if such injury, loss, or damage is caused in whole or in part by,
or is claimed to be caused in whole or in part by, the act, omission, error, professional error,
mistake, negligence, or other fault of the Professional, any subcontractor of the Professional,
or any officer, employee, representative, or agent of the Professional or of any subcontractor
of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional.
The Professional agrees to investigate, handle, respond to, and to provide defense for and
defend against, any such liability, claims or demands at the sole expense of the Professional,
or at the option ofthe City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss,
or damage was caused in whole or in part by the act, omission, or other fault of the City, its
officers, or its employees, the City shall reimburse the Professional for the portion of the
judgment attributable to such act, omission, or other fault of the City, its officers, or
employees.
Professional's Insurance. (a) Professional agrees to procure and maintain, at
its own expense, a policy or policies of insurance sufficient to insure against all liability,
claims, demands, and other obligations assumed by the Professional pursuant to Section 8
above. Such insurance shall be in addition to any other insurance requirements imposed by
this contract or by law. The Professional shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to Section 8 above by reason of its failure
to procure or maintain insurance, or by reason of its failure to procure or maintain insurance
in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of
any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract,
and Employers' Liability insurance with minimum limits of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified
self-insured status may be substituted for the Workers' Compensation requirements of this
paragraph.
(ii) Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy
shall contain a severability of interests provision.
--.-.-,.----,".-.
(iii) Comprehensive Automobile Liability insurance with mlrumum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned,
hired and non-owned vehicles assigned to or used in performance of the Scope of
Work. The policy shall contain a severability of interests provision. If the
Professional has no owned automobiles, the requirements of this Section shall be
met by each employee of the Professional providing services to the City under this
contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing
the required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and
any endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not
waive or intend to waive by any provision of this contract, the monetary limitations
(presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Govemmental Immunity Act, Section
.,,,...-.----..._--""--'~--~....~,... '
24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its
officers, or its employees.
City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in
the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at
the City of Aspen Finance Department and are available to Professional for inspection
during normal business hours. City makes no representations whatsoever with respect to
specific coverages offered by CIRSA. City shall provide Professional reasonable notice of
any changes in its membership or participation in CIRSA.
Completeness of Agreement. It is expressly agreed that this agreement
contains the entire undertaking of the parties relevant to the subject matter thereof and there
are no verbal or written representations, agreements, warranties or promises pertaining to the
project matter thereof not expressly incorporated in this writing.
Notice. Any written notices as called for herein may be hand delivered to
the respective persons and/or addresses listed below or mailed by certified mail return
receipt requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Pete Loris
Loris & Associates, Inc.
2585 Trail Ridge Drive East
Lafayette, Colorado 80026
Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin,
ancestry, handicap, or religion shall be made in the employment of persons to perform
services under this contract. Professional agrees to meet all of the requirements of City's
municipal code, Section 13-98, pertaining to non-discrimination in employment.
Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No
term, covenant, or condition of this Agreement can be waived except by the written consent
of the City, and forbearance or indulgence by the City in any regard whatsoever shall not
constitute a waiver of any term, covenant, or condition to be performed by Professional to
which the same may apply and, until complete performance by Professional of said term,
covenant or condition, the City shall be entitled to invoke any remedy available to it under
this Agreement or by law despite any such forbearance or indulgence.
Execution of Agreement by City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, this agreement shall not be
binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly
authorized official in his absence) following a Motion or Resolution of the Council of the
City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute
the same.
General Terms.
(a) It is agreed that neither this agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully
executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal
or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions
or limitations to this understanding except those as contained herein at the time of the
execution hereof and that after execution no alteration, change or modification shall be made
except upon a writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement in three copies each of which shall be deemed
an original on the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
~)~y ~SP;);:;
Title: ~ ~v.)
Date: -J{Z?j():r
PROFESSIONAL:
WITNESSED BY: LORIS & ASSOCIATES, INC.
J~tJbJ By: ~/~,
Title: flt'<7I.JtI1l-
Date: 1.1 Z. .tJ:1
EXHIBIT "A" to Professional Services Agreement
Scope of Work & Rate Schedule
Deer Hill Trail Engineering Design Services
EXHIBIT "B" to Professional Services Agreement
Scope of Services & Rate Schedule
Burlingame Trail Engineering Design Services
EXHIBIT 'B'
L
o
R
I
s
Mastering the Art of
Engineering Structures
and Infrastructures
January 9, 2007
Mr. Scott Chism, RLA
City of Aspen Parks Department
130 South Galena Street
Aspen, CO 81611~1975
Reference:
Burlingame - Double Bar X Trail
Design Services Fee Proposal
LORIS Proposal No. 138~06897
Dear Scott:
Loris and Associates would be delighted to assist the City of Aspen with the
design of the Burlingame - Double Bar X Trail. We understand this work will
be added to our contract for the AABC to Burlingame Trail. This work will be
completed in two phases. Phase 1 will include design of a multi-use trail from
the existing AABC Trail east of Maroon Creek to the west end of the Double
Bar X Ranch (approximately 3,300 linear feet). Phase 2 will include design of a
multi~use trail from the west end of the Double Bar X Ranch to the existing
Harmony Place Trail.
Attached is LORIS' scope of work and fee proposal to develop construction
documents) cost estimate, specifications and construction observation. LORIS
proposes to bill the City of Aspen on an hourly basis according to the terms of
our on-call services contract. The proposed fee is an estimate based upon our
assumed scope of work and the design challenges we anticipate. The actual fee
may be more or less depending upon the actual level of effort needed to deliver
the product you desire. However) we will not exceed the proposed fee without
prior discussions and approval by you. An explanation of our proposed scope
of work and assumptions is as follows:
Phase 1 - Scope of Work
.:. Provide 900/0 review and 100% construction documents for a multi~
use trail from AABC Trail to the west side of Double Bar X Ranch.
Only two official submittals will be required. Progress plans may
also be distributed as needed during the development of the project.
.:. Attend two design meetings in Aspen.
.:. Provide plan and prof1le design for the trail, including grading,
drainage) and erosion control.
.:. Provide design and detailing of concrete retaining walls at the
apptoximate locations shown in the conceptual plans provided by
the City of Aspen. Detailing will include a stone veneer similar to
structures at the Maroon Creek Club.
Burlingame Deuble Bar X Treil
Fee Proposal
LORIS Proposal No. 138.06897
January g, 2007- Page 2
.:~ Provide design and detailing of rock gravity reraining walls ar the
approximare locations shown in rhe conceprual plans provided by
rhe City of Aspen. It is assumed thar on-sire stone matetial will be
used.
,}; Plans will include extensions for drainage culverts to accommodate
path construction.
~~" Provide signing and striping for three at-grade roadway crossings.
.} Provide plan and profile design, grading, and concrete reraining wall
design for approximately 100 linear feet of cart path near ree box
#4.
~~.. Attend a pre-bid conference, assist in preparing addenda, answer bid
questions, and assist the City in evaluating the bids.
'1':" Answer RFIs, review submittals, and perform site visits as needed.
Our propose fee assumes 2 site visits at 8 hours each, including
travel. This assumes that travel time can be shared between other
projects in progress at that time in the Roaring Fork Valley. TIlls
work mill be billed on a time and material basis. The acrual fee will
be dependant upon the actual number of site visits required, the
appropriate staff required to address the current issues, and Qur
ability to share travel costs with other projects. We will coordinate
closely with the City during construction to minimize travel costs
and the need for site visits.
Phase 1 - Addirional Assumptions
.;. The path alignment will be based upon a conceprual design
provided by the City of Aspen. Minor modifications to the
alignment will be made, but no major relocations of the proposed
path will be required.
.;. The City of Aspen will provide the topographic mapping, roadway
design plans, and landscape design plans for the Double Bar X
Ranch. Much of this area is currently under construction. LORIS
will show the Stage Road, South Road, and Double Bar X Ranch
features and grading currently under construction as existing in the
trail plans based upon the design plans provided by the City of
Aspen. All grading shown on the trail plans will be designed
assuming the proposed roadway grading is already in place. All
earthwork quantities will account only for the additional earthwork
assuming the proposed roadway and features are already in place.
.;. No public meetings will be required.
.:. The at-grade crossings will consist of signing and striping and will
NOT require "hard" features, such as speed tables, median islands,
bulb-outs, etc.
~:~ No major redesign of irrigation features will be required. We will
primarily be designing around the existing drainage strucrures.
.;. Geotechnical investigation for retaining walls will NOT be
performed. LORIS will design retaining walls based upon
conservative assumptions.
BurlingamaOoubl. Bar X Trail
Faa Proposal
LORIS Proposal No. 138-06897
January 9, 2007- Page 3
.:. LORIS will NOT include construction access / phasing plans in the
trail construction documents.
.. Any proposed landscaping will be provided to LORIS in the form
of AutoCAD drawings that can be inserted into our drawings.
Phase 1 - Schedule
.:. The development of this project will be aggressive. Substantial
construction completion by July 3, 2007 is required. LORIS will
provide 90% review plans to the City of Aspen in early February
and final construction documents for bidding in early March. We
will attempr to complete the plans even earlier if possible.
Phase 2 - Scope of Work
.:. Provide 50%, 90% review and 1000/0 construction documents for a
multi-use trail from the west side of Double Bat X Ranch to the
existing trail along Harmony Place. A conceptual design for this
segment has not yet been completed, so three official submittals will
be provided. The 90% and 1000/0 construction documents will be
combined with the Phase 1 plans. Progress plans may also be
distributed as needed duting the development of the project.
.:. Provide plan and prof1le design for the trail, including grading,
drainage, and erosion control. Grades appear to be quite steep at
the approach to Harmony Place. Acceptable grades should be
discussed once the existing topography is reviewed.
.:. Provide design and detailing of rock gravity retaining walls as
needed.
.:. Provide at-grade crossing and path connection design and detailing
at the Harmony Place intersection. Providing a safe and user-
friendly crossing and connection to the existing path along
Harmony Place will be challenging considering the steep approach
grades, roadway super-elevation, and grade difference between the
roadway and existing path. Several iterations and collaboration with
City of Aspen staff may be required. Modification to the existing
path will likely be needed to develop an acceptable ramp design
between the existing path and roadway. The City of Aspen may
also wish to include special landscaping or gateway features at the
east side of Harmony Place. If so, this will be a collaborative effort
between LORIS and the City of Aspen. The City will provide
landscape design to be included in the plans.
.:. Assist in preparing addenda, answer bid questions, and assist the
City in evaluating the bids. We assume that LORIS will not need to
attend the pre-bid meeting.
.:. Answer RFls, review submittals, and perform site visits as needed.
Our proposed fee assumes only one site visits at 8 hours, including
travel. This assumes that travel time can be shared between other
projects in progress at that time in the Roaring Fork Valley. This
work will be billed on a time and material basis. The actual fee will
Ql
0>
.,
0..
....
e
e
~
e
~
-
~
III
)(
cc:i
N
,
N
...
,
cg 0
0
0
N 0
,
,
N
>
ii
III
0
e.
2 c
.~
D- III
Gl CIl
Gle
LLc;;
all .5
~LL
..
0 ....
~ CIl
III
... to
0 r.
GlD.
e.
0
u
III
of!
I-
><
..
III
CO
Gl
::c
:l
0
C
'"
Ql
ro
'13
o
<II
<II
<l:
"C
c:
.,
<II
og
...J
Ul
><
cO
N
.
N
...
.
lQ
Q
Q
N
.
.
N
>
"iii
Ul
0
C.
0 c
... CI
~ ";
GI ..
GI C
II.. Oi
all c
..lI: u:
...
0 ....
~ ..
III
... to
0 .l:
Gll1.
C.
0
l.l
(/)
"Cij
...
l-
X
...
ctI
III
GI
:c
::::I
0
C
N
"
Cl
ell
0..
I
"-
o
o
~
o
~
-
~
'"
"
1ii
'(3
o
'"
'"
<(
"0
C
ell
'"
og
..J
r
Q
.r
..
"
c.
)>
'"
'"
o
n
0;"
Iii
'"
-
~
o
j;j
o
o
.....
I
"ll
..
<0
'"
i I I
c
o
c
C"
if
lXl
AI
...
><
.....
...
!!!.
en
n
o
"C
1Il
~g,
= ::e
CD 0
~ ...
:0\'"
!!!llD
Co."
,,1Il
~1Il
= "'D
CD a
"C
o
t/I
!!!.
<
N
.
.
N
Cl
C>
."
.
....
N
N
co
>c
Vi
r- ..
Q
;;;"
III
::>
Q.
i1.' i
OJ>
0
"
ir ..
r0- m
OJ> m
g~
< ~
.."
~ C
OJ>
0 0
3 c:
m
OJ> C"
'" CD
<
"" III
& it
Dl
~ ..
><
.....
..
!!!.
CIl
C'l
0
"C
"lICD
orO
.. ....
::: ::E
~ 0
. ..
0 ~
0 IlO
'" "11
..
... CD
...
c CD
!l "
O' ..
0
'" "C
0
Ul
!!!.
<
N
.
.
N
0
0
a>
.
......
N
.
N
CO
>c
.. .. .. .. 1ii
'"
... 8 ~
'" 0
'" 0
.. ..
~
~
0
N
0
0
-<
.. ......._* ... "'..
"
III
'"
C1l
'" .. ..
... l!: '" .. ~- ' .. .
::s '" l!: '"
'" '" '"
r
~
(;;'
III
:J
0.
)>
'"
'"
o
o
OJ"
CD
'"
~
-
~
o
N
o
o
...,
I
"1J
III
'"
CD
c
0
C
C'
iD
tD
Dl
..
><
-l
!.
rJI
n
"'llO
::r't:J
.. CD
l/I 0
CD
",'"
~ :E
"'llO
!i iil ..
-~
.. 3' IlO
S' "T1
.. CD
.. ~ CD
0"0
.. CD ..
l/I 0
-.'t:J
.. lC 0
::I Ul
!!!.
..
.. <
N
,
,
.. N
0
0
.. en
,
....
N
,
'" N
co
><
Ui
r
Q
(ii'
Ol
::>
c.
)>
'"
'"
o
"
OJ"
it
'"
~
-
~
o
j;J
o
o
"
1J
Ol
<.0
'"
'"
c
o
r::
cr
iD
lJl
III
...
><
-I
...
!!!.
C/l
n
"VO
::r"C
.. CD
:g 0
N-
::E
"vo
iil ...
_';I("
3' Qo
S' ."
.. CD
-< CD
c"U
CD "'0
In
-. "C
fQ 0
:J III
!!!.
<
N
,
,
N
o
o
en
,
....
N
,
N
co
>c
iii
r
o
:l.
en
"
:l
"-
~
en
o
o
iii.
lD
en
co
co
co
co
~
-
~
o
j;)
o
o
....
I
"tl
"
<C
(1)
o
o
C
l:I'
CD
Il3
III
..
><
-I
..
!.
en
n
o
"C
"tIlD
::1'0
.. ...
~ ~
"'0
..
,,~
::;. go
!!!."T1
OlD
III lD
!!!. "ll
r.a ..
::l 0
"C
o
en
III
<
N
I
N
o
o
en
,
....
N
,
N
CO
)c
iii
r
Q
or
III
::J
"-
l>
'"
'"
o
o
or
CD
'"
~
~
o
N
o
o
"
"tl
III
co
CIl
'"
c
o
C
tT
i"
tll
III
...
><
-I
!.
f/l
n
o
'tI
"'lIlD
::TO
III -to
Xl :E
,,"0
...
"T1~
S' QlI
!!!.."
OlD
III lD
!!!. "tI
cc ...
::I 0
'tI
o
Ul
!!!.
<
N
,
,
N
o
o
0)
,
.....
N
~
CCl
><
iii
Q
c;;"
0>
"
c.
ili'
'"
o
"
,,"
ro
'"
~
-
~
o
N
o
o
-oJ
I
1J
0>
<C
"
c
0
C
C"
ii"
lJl
III
..
><
-I
!.
C/)
"
0
"C
CD
"V 0
~ -
.. :E
1/1
CD 0
... ..
:0e-
m Qo
is: "T1
"V CD
~ CD
.. "tI
1/1
CD ..
0
"C
0
UI
!!!.
<
N
,
,
N
Cl
Cl
'"
,
....
N
,
N
co
><
(jj
en
&
0-
~
r
Q
in'
D> '" i:
::>
C- o .
3' =
)> 0" .
'" i c
'" ~
0
" 6'
w" " ..
<t : .
'"
c
o
c
C"
Ii"
1JI
Dl
...
><
-I
...
!!!.
CIl
n
o
'tl
"DCD
;-2.
::: :IE
"'0
...
0:>1"
o Qo
ill "11
"CD
2 CD
g,-V
0" ...
:0 0
'tl
o
CIl
Dl
<
N
.
.
N
o
o
en
.
.....
N
.
N
co
><
iii
Certification and Supplemental Conditions to Contract for Services -
Conformance with &8-17.5.101. et seQ.
Puroose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicabilitv. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in
order to verify that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following
terms and conditions:
I. Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for
Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall
in writing verify such application within five (5) days of the date of the Public Contract. Contractor
shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify
same every three (3) calendar months thereafter, until Contractor is accepted or the public contract
for services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the
Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Contractor shall not terminate the Public
Contract for Services with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public
Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable
for actual and consequential damages to the City of Aspen arising out of Contractor's violation of
Subsection 8-17.5-102, C.R.S.
Public Contract for Services: PROFESSIONAL ENGINEERING SERVICES FOR THE DEER
HILL TRAIL AND BURLINGAME TRAIL PROJECTS
Contractor: LORIS AND ASSOCIATES, INC.
By: ~/~
Title: flRqiA8>tf
JPW- saved: 8/3/2006-867-M:\city\cityatty\contract\fonns\certification - hb'{)6-1343.doc